Tenants can apply to sublet for a limited period (less than 12 months), for example if you need someone to 'house sit' for you whilst you are away. You must have the landlord's written permission. If you don't, we will treat the subtenant as an unauthorised occupant, and we may repossess the property. From November 1st 2019 you must have been the tenant of the property for at least 12 months, or it must have been your principle home for 12 months and we were notified.
Your request for permission
You must write to us and ask permission, or complete an application form and return it to your local housing office.
We need to know:
- the name, age, employment, special requirements etc of your proposed subtenant
- the previous addresses that your subtenant stayed at, and the start and end dates of each stay, for the last five years
- details about anyone you know will be living with him/her
- information about the arrangements for the proposed sublet (for example, when the sublet will begin and end, rent etc)
- your contact address during the sublet: you can choose to have someone else look after your interests for you. (For example, if you are going abroad and want a family member to be the contact for the sublet, please tell us and give their name and address. Let us know any changes of address, for you or the person you have chosen to act for you, during the period of the sublet.)
We will give you an answer within 28 days.
A landlord can only refuse consent where there are reasonable grounds, for example:
- rent - if you are charging ;a higher rent for your home than you pay to the Council
- antisocial behaviour - if your intended subtenant has been guilty of, or identified as being involved in, antisocial behaviour
- rent arrears in a council or housing association tenancy
- length of sublet - if you intend to sublet longer than 12 months
You should do so in writing within 21 days of receiving your refusal letter to the Community Housing Manager. In addition, a tenant can raise proceedings at the Sheriff Court. You may wish to seek independent housing advice.